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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 1, 2008, the Defendant received a summary order of KRW 500,000 from the Seoul Southern District Court to a fine of KRW 500,00 as a crime of violation of the Road Traffic Act, and on February 11, 201, a summary order of KRW 1,50,000 as a fine of KRW 1,50,00 for the same crime from the Gwangju Southern District
At around 21:20 on February 25, 2013, the Defendant, who had been punished twice or more due to the violation of the Road Traffic Act, driven a C Sti-type car under the influence of alcohol content 0.191% without a car driver’s license from the front road of the 1.5km away from the front road of the westnam-gun in the westnam-gun of the Republic of Korea to the front road of the same Myeonam.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a user driver and report on request for appraisal;
1. Evidence and photographs of the traffic accident;
1. Records before judgment: Application of inquiry report on criminal records, etc. and investigation reports, and Acts and subordinate statutes;
1. Relevant Article of the Act on the Crime, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006);
1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the age, character and conduct, home environment, and circumstances after committing the crime, etc. recorded in the records of this case);
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;